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Family Law

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21 FEB 2008

ADOPTION: Re G (Adoption: Placement Outside Jurisdiction) [2008] EWCA (Civ) 105

(Court of Appeal; Sir Mark Potter P, Wall and Lloyd LJJ; 21 February 2008)

Adoption and Children Act 2002, s 84(4), under which an application for an order granting parental responsibility to applicant adopters could not be made unless the child's home had been with the applicants at all times during the preceding 10 weeks, did not require the physical presence of each applicant throughout; the issue whether the child's home was with each applicant during the 10 week period was one of fact and degree. The requirement in Adoptions with a Foreign Element Regulations 2005 (SI 2005/392), para 10(b), that the 'relevant foreign authority' confirm in writing that the child was or would be authorised to enter and reside permanently in the relevant foreign country, referred to the foreign equivalent of the English adoption agency, not to a governmental body, and the confirmation did not need to be in absolute, unconditional or unqualified terms. The foreign agency was to provide confirmation to the effect that, provided the applicants followed all relevant procedures in the UK and any adoption-related procedures under the law of the foreign state that were prerequisites to the child being allowed into that state then, from the agency's knowledge and experience, the child would be authorised to enter the foreign state.

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